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With energy disputes now compromising some 40 per cent of all international commercial arbitrations, International Energy Arbitration offers a complete guide to the subject for arbitration practitioners and in-house counsel. It takes a sector-by-sector approach, examining arbitration processes across the entire industry, from oil and gas to renewable energies such as wind and geothermal.

The book examines in detail the legal framework surrounding energy disputes. It also sets out case studies of real disputes, providing valuable insight into the practical and legal issues that exist in complex international energy disputes.

Reviews the historial development of the energy arbitration sector

Provides a detailed examination of the legal framework surrounding international energy arbitration

A Practical Guide to International Commercial Arbitration provides essential hands-on guide to give you practical, up-to-date and easily accessible advice and knowledge in this area.

Bringing you a step-by-step guide to the arbitration process, it sets out to advise on building a strategy to ensure every stage of the arbitral process meets the commercial objectives and maximises its prospects of success

The new 2nd edition:

Is fully up-to-date to include recent rule changes from all the major arbitration bodies

Deals with both the contractual arrangements necessary to provide for arbitration in the event of a dispute, and the process of the arbitration itself

Gives expert advice on the planning and conduct of each stage of the arbitral process from drafting an agreement to arbitrate to enforcing an award

Includes case study scenarios, comparative tables of selected rules and laws and an extensive glossary

Revisions and changes to national arbitration laws, including the French New Code of Civil Procedure; the Singapore International Arbitration Act; and the forthcoming changes to Swiss Arbitration Law (the international arbitration provisions of the Swiss Public International Law Act)

Major recent decisions in growing commercial regions including India and Brazil

Further coverage of developing trends, such as third party funding

Expanded and developed appendices including flow charts with cross referencing to the main text

A Practitioner’s Guide to Authorised Investment Funds is a complete practitioner’s guide to fund management, explaining the law and regulation governing the setting up, launching, marketing and operation of all major types of authorised fund vehicle. The new edition has been fully revised to cover all latest UK, European and international developments.

Construction Delay and Disruption: Practice and Procedure is the first title of its kind to provide the background and theory of this very technical field, with the underpinning of real-life experience and practical examples to enable readers to gain practical instruction on how to manage these issues in construction life, as well as in court/ADR/arbitration and dispute board settings. The author’s clear and understandable style presents this topic in a way that all practitioners – both contractors and legal professionals – can understand and make effective use of.

Comprehensively covers the issues and procedures associated with construction delay and disruption:

This fully revised new edition examines the compliance and redress regime for mis-selling, administration and claims problems with a practical emphasis on complaint handling, It is an easy to use guide to the complaints sourcebook for the smaller IFA. For larger firms and their professional advisers it acts as an effective reference book enabling the reader to rapidly refresh their understanding of the rules and "best practice" procedures.

Authoritative explanation of the law relating to mortgages, covering every type of mortgage agreement is covered, with the rights and duties of the parties involved spelt out, areas of dispute and the remedies available gone through, and the procedures for amending or transferring mortgages described.

Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.

The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.

NEW TO THIS EDITION:

• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void

This book is the first authoritative guide to Sukuk, or shari’a-compliant securities. The book offers clear guidance for legal and finance professionals on the sale, purchase, origination and issuance of sukuk, including standard form documents and financial services contracts.

Offers guidance to solicitors, barristers and legal and finance professionals on the sale, purchase, origination and issuance of sukuk, the Islamic equivalent of bonds

Gives an account of how to run Islamic finance transactions, including standard form documents and shari’a-compliant financial services contracts

Explains the meaning of sukuk, both modern and pre-modern, and compares bonds and sukuk

Provides an up-to-date treatment of the legal, regulatory, and policy issues pertinent to shari’a-compliant securities specifically in the UK and the utility of passporting to the European Economic Area

Explains English case law and statute on banking and company law as pertinent to the principles and practices of Islamic financial law

Authored by a leading English lawyer with experience of financial services in a shari’a compliant context

Sets out the steps to floating a sukuk on the LSE and includes the forms with which to do so, together with procedural and documentary timetables for sukuk and for listing on the LSE

Contains UK and international case studies of notable sukuk issuances and structures, to highlight issues of disclosure, liability, and insolvency or default specific to the sale of sukuk

Analyses the state of the art regarding benchmarks, rating and accounting for sukuk; offers some conjectural observations on the impact of Brexit upon Islamic finance in the UK and abroad

A classic construction law text Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.

Featuring:

Offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts, from an examination of Employer's Approval and Architect's Certificates to a recently added chapter on Delay and Disruption

Discusses in detail the standard form agreements upon which Building and Construction activity turns including commentary on Infrastructure Conditions of Contract, NEC3, FIDIC and JCT contracts

Goes through the workflow of a construction contract, its formation and composition

Examines the contractor’s right to payment and the recovery of payment for varied work

Deals with employer’s approval of the contracted work and the formal requirements of an architect’s certificate

Goes through such issues as excuses for non-performance, negligence and economic loss, and delay and disruption claims

Covers financial recovery and causation and liquidated damages and penalties

Addresses various equitable doctrines and remedies

Considers assignments, substituted contracts and sub-contracts

Reproduces relevant statutes including the 1996 Act as amended by 2009 Act, and the Scheme for Construction Contracts for easy access and navigation

Includes expanded coverage on procurement and the effect, and the Jackson reforms regarding proportionate costs and case management

Provides up-to-date references to and guidance on key primary case law and decisions from the UK, Europe and overseas, for example, the Court of Appeal decision in P.C. Harrington v Systech; the Court of Appeal decision in Lanes Group plc v Galliford Try Infrastructure Ltd

Joint edited in three previous editions by Stephen Furst QC (Deputy Judge of the Technology and Construction Court and Recorder and member of Keating Chambers, acting for clients in the field of construction in all UK courts and forms of arbitration) and Sir Vivian Ramsey (former civil engineer and Head of Chambers, prior to joining the Bench, and serving in the Technology & Construction Court).

Contributed to by a stellar supporting team of experts from Keating Chambers who have been voted Construction Set of the Year in 2006, 2007, 2008, 2009, 2011, 2012, 2013 and 2014.

Arlidge, Eady & Smith on Contempt is a comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt, its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law. Since the last edition, there have been fundamental changes in the procedural landscape for contempt.

The 5th edition addresses, among many others, the following changes:

Committal and sequestration in the County Court and High Court are now governed by the new CPR 81 and its linked Practice Direction

The Criminal Procedure Rules 2015 make provision for committal in the criminal courts as well as for court reporting restriction orders

The continuing emphasis on open justice and transparency in the Family Court (as well as the Court of Protection), which has been reflected in the relevant parts of the Family Procedure Rules

The relevant sections of the current rules are all gathered together conveniently in the new edition as appendices. The importance of the procedural safeguards to be deployed in committal cases was again re-emphasised by the Court of Appeal in LL v Lord Chancellor [2017] EWCA Civ 237, the judgments in which were handed down on 10 April 2017, leaving time mainly just to note its significance.

The availability of public funding for those sought to be committed for contempt: Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Criminal Legal Aid (General) Regs 2013; and the Criminal Legal Aid (Financial Resources) Regs 2013. Their application in the context of contempt has been addressed in important cases such as Re Ramet [2014] EWHC 56 (Fam) and Inplayer Ltd v Thorogood [2014] EWCA Civ 1511

The Law Commission in England & Wales has produced a number of reports and proposals on the subject, including on the abolition in this jurisdiction of “scandalising” as a form of contempt , which has been achieved by statute (although in Scotland the law of “murmuring” remains for the time being untouched). In New Zealand too there has been an Issues Paper from their law Commission which suggests that “scandalising” will probably be abolished there as being “untenable” in the modern New Zealand society.

The Law Commission here has not yet produced its anticipated report on “contempt in the face”- Att-Gen v Davey; Att-Gen v Beard [2013] EWHC 2317

Incorporates major changes to primary and secondary legislation: Enterprise and Regulatory Reform Act 2013; Deregulation Act 2015; Small Business, Enterprise and Employment Act 2015; Insolvency Rules (England and Wales) 2016, plus Practice Directions issued in 2014.
Includes commentary on the EU Insolvency Regulation, both in the original (2000) and recast (2015) versions.

Significant changes to insolvency procedures, including the replacement of debtors’ bankruptcy petitions to the court by online applications to an adjudicator; the abolition in virtually all cases of physical meetings of creditors, and also of company members, during the course of insolvency proceedings; various alternative procedures for an office holder to obtain creditors’ and members’ consent, including by the deemed consent procedure; removal of the requirement for liquidators to obtain sanction for the exercise of certain powers; extension of liability for wrongful or fraudulent trading to cases of company administration.

More than 300 new cases included in the new edition, including judgments by the Supreme Court in Jetivia v. Bilta (extraterritorial application of ss.213 and 238 of the Insolvency Act 1986); Olympic Airlines SA (jurisdiction under art.3(2) of the EU Insolvency Regulation); Eurosail (test for balance sheet insolvency); Belmont Park Investments (the anti-deprivation rule); Paycheck Services (meaning of “de facto director”); the Nortel and Lehman Companies Pensions Cases (“provable debts” in administration); Rubin v. Eurofinance (limits to common law assistance for foreign insolvency proceedings).

Judgments by the Privy Council in cases relating to cross-border insolvency, including Saad Investments; Singularis Holdings; and Stichting Shell Pensioenfonds v.Krys.

A comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt from its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law.

Explains the law and practice of corporate insolvency and personal bankruptcy, going through the procedures involved and examining the different options and the responsibilities and obligations of the parties involved.

This is a major new, revamped version of significant sections of the renowned Carver’s Carriage by Sea (1982).

Carver on Charterparties is intended to accompany Carver on Bills of Lading, and the two volumes together now cover the ground of the old 1982 Carver. Carver on Charterparties is a significant contribution to this crucial commercial law field, and it seeks to re-establish itself as the leading narrative authority in the field. It covers the wealth of cases and legislation that have arisen in the field since 1982.

The Starsin [2004] 1 AC 715 CA - concerned with the identity of the carrier, the effect of the Himalaya clause and the possible liability of a shipowner in tort.

FEATURES

Comprehensive consideration of the law of charterparties and positive features of Scrutton

Time Charters and Voyage Charters

An assessment of the fundamental principles of the law of obligations and consider their application and relationship with the law of charterparties

It will adopt the expository form

An encyclopaedic approach to the law of charterparties

Charterparties as forms of commercial contract, which enables solicitors to draft better contracts and barristers to test them

It clears up uncertainties in points of principle, while illustrating the principles in a wide variety of case material.

Pinpoints criteria required for the nature, validity, construction of the contract, the parties to it and specific terms, the performance of the contract during loading, during the voyage and during unloading of cargo.

Provides the nature of the liability of the parties to the charterparty for loss of or damage to the goods carried, to the carrying vessel, and the parties’ economic losses.

In conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties is a major new work of thematic synthesis and analysis that seeks to re-establish Carver as the leading narrative authority in a fundamental area of shipping law. Its discursive and encyclopedic approach offers an alternative to that provided in Scrutton on Charterparties and Bills of Lading.

Examines all the key issues, from informal and compulsory care and treatment of people with mental disorders to the safeguards against unjustified deprivation of liberty and the powers of tribunals and the courts.

This practical text contains precedents and commentary on warranties and indemnities on share sales. It provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.

Provides precedents and commentary on warranties and indemnities on share sales

Provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.

For the purchasers’ solicitors, provides precedents of suitable warranties and indemnities from which a tailored draft can be prepared
For the vendors’ solicitors, provides guidance and commentaries with the precedents

Organised around precedents of clauses and documents, accompanied by extensive commentary

Arranged in a logical chronology

Covers the history and function of warranties and indemnities

Covers the various parties to a sale and purchase agreement

Covers the rights and liabilities that arise from a breach of warranty

Covers general points on warranties

Provides detailed consideration of tax, property and general warranties in a share sale

Covers warranties applicable to an assets deal

Covers the forms taken by tax deeds

Covers warranties, undertakings and indemnities requested by the purchaser

Covers completion accounts and valuation

Provides clearly-written commentary and guidance aimed to explicate clauses and their impact

Provides precedent clauses in bold typeface for ease of location on the page, and to differentiate the wording fom accompanying commentaries and explanations

Provides precedents on CD for ease of access
Includes Tables of Cases, Statutes, SIs and EC Legislation

Carver on Bills of Lading offers exhaustive coverage of the nature and uses of bills of lading in commercial transactions, negotiations and on occasion disputes. Written by two of the foremost commentators on this area of law, the work contains a commentary on the Hague-Visby rules and the Rotterdam rules in addition to coverage of the most important recent cases and Supreme Court decisions. The title is part of the British Shipping Laws Library.

The 4th edition:

Offers an in-depth analysis of the use and operation of bills of lading and certain related documents (such as sea waybills and delivery orders) by two of the leading academics globally.

Discusses the nature of a bill of lading, both as a receipt and as a contractual document

Explains the roles of each party to the bill of lading contract

Covers the contractual effects that follow a transfer of a bill of lading

Examines bills of lading as documents of title

Explains how and when third parties can be affected by bills of lading

Analyses the Hague and Hague-Visby Rules for the international carriage of goods by sea in detail

Offers commentary on the new Rotterdam Rules, which have received limited ratification but are expected to be widely adopted globally in the coming years.

New features of this edition include coverage of the developments in the law relating to bills of lading since 2011, with much of the text being reworked and brought up to date for 2017. Among the new cases discussed are:

Illegality and Public Policy is an invaluable text in clarifying the complexities surrounding the law relating to illegality, public policy and restraint of trade. It comprehensively addresses issues of criminal and civil law, consequences of illegality, and reform in the UK and Commonwealth. Practical examples are given to encourage creative solutions to disputes, making this a must-have text.

Key features:

Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements.

Provides hypothetical examples of illegality and suggests possible approaches to dispute resolution to give practical guidance on an elusive subject.

Distinguishes between ‘statutory illegality’ and illegality derived from common law.

Considers issues arising from the relationship between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011.

Looks at the nature and scope of the doctrine of public policy by analysing contracts affected by fraud, issues of integrity of the legal process, and the application of public policy to cases with an international element.

Covers the need to distinguish between an agreement and the surrounding circumstances when ascribing degrees of responsibility for any illegality to the parties involved.

Detailed examination of the doctrine of restraint of trade and the distinction between public and private interest.

Sets out the availability of restitutionary relief in cases of contract illegality.

Explores UK and Commonwealth case law and the most recent reforms in these jurisdictions.

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.

Main features:

Part 1 covers rescission: firstly its principles and process are explained.

Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.

Details the bars to rescission, explaining what damages might be due in lieu of rescission.

Outlines the consequences of rescission, including compensation, apportionment of loss and concurrent claims.

Part 2 introduces the different types of breach and the terminology that governs them, and explains strict and non-strict obligations.

It sets out and analyses concepts such as renunciation, anticipatory breach, and repudiation by actual breach.

Discusses the common law right to terminate for breach of condition, particularly with regard to time stipulations.

Explains innominate or intermediate terms, deriving from the Hongkong Fir case, and its reception in Australia and New Zealand.

Analyses the nature and process of termination for breach, including international principles, and explains the ‘entire obligation’ rule.

Part 3 deals with discharge by impossibility, illegality or frustration.

Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action.

Covers damages for breach of contract, laying out the measures of award.

Explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation, and questions of timing.

Analyses the two limbs of the Hadley v Baxendale principle and their consequences.

Covers other types of damages including agreed damage and gain-based awards.

Discusses specific relief, focusing on the grant of specific performance and injunctions.

Focuses on English contract law, but also shows how other jurisdictions have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.

New to the 2nd edition:

Substantial case law updates across all four key areas of the book since the first edition was written in 2011

Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2014

This title provides comprehensive coverage of the new EU General Data Protection Regulation and commentary on how it will impact on the UK national level.

Intended as a companion to Data Protection Law and Practice (4th edition), the key and sole focus of this title is the General Data Protection Regulation. This book will provide a detailed and stand-alone account of the most significant development in UK Data Protection law since the 1998 Act itself.

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available.

Examines the nature of professional liability

Deals with subjects of general application and delves into specific professions

Discusses the difference between tortuous liability and contractual liability

Considers the duties and obligations of a professional-including positive duties and restrictions

Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience

Discusses changes in the standard required by professional

Explains the nature of a fiduciary duty including unauthorised profits and undue influence

Discusses the origins of the duty of confidentiality including the continuing duty to former clients

Considers the remedies available

Discusses contribution between defendants

Considers available defences including equitable defences

Differentiates between limitation in contract, tort and equity

Analyses the impact of human Rights on Professionals

Investigates the nature & Scope of Professional Indemnity insurance

Demonstrates the different liabilities for different professionals

Has separate chapters on individual professional providing commentary from the start of action through to adjudication and damages if appropriate

This 18th edition of Chalmers & Guest provides an annotated guide to the Bills of Exchange Act 1882 and the Cheques Act 1957, and offers legal practitioners comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes.

The 18th Edition

Offers comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes

Sets out the relevant legislation, principally the Bills of Exchange Act 1882, section-by-section to explain in detail what the legislation says and to provide opinion and guidance on how to comply with its terms

Offers frequent illustrations to describe common situations where a legal problem might arise, i.e. the book presents the reader with a scenario and works through the legal consequences

Deals with the legal capacity to enter into a contract

Explains how consideration is required, and how the rules around consideration vary from the normal rules of contract law

Covers the ability to transfer a bill from one person to another

Goes through the general duties of the holder, such as what a holder must do to fix maturity of the instrument

Sets out the liabilities of Parties and answers questions about who has to pay and who can be sued

Deals with the effect of discharge and the circumstances where payment is not sufficient to discharge the bill

Considers acceptance and payment for honour, addressing the circumstances where the bill isn’t accepted or where the acceptor becomes insolvent

Examines what happens when a bill is lost or destroyed

Addresses the law where bills are split into parts

Explains the applicable rules where the parties to a bill come from different countries

Describer what a cheque is and the main exceptions where the Act does not apply to cheques

Deals with crossed cheques

Looks at the law relating to Promissory Notes rather than orders

Goes through a variety of general rules, e.g. good faith, computation of time, signature/company seals, bankruptcy

Looks at the protection of bankers paying unindorsed or irregularly indorsed cheques, the rights of bankers collecting cheques not indorsed by holders, and unindorsed cheques as evidence of payment

Covers conflict of laws

Offers frequent illustrations to describe common situations where a legal problem might arise by presenting a scenario and working through the legal consequences

Refers to case law throughout to support statements and guidance

Reflects changes introduced by Small Business, Enterprise and Employment Act 2015 on bills of exchange and cheques- specifically related to electronic payment of bill

Reflects provisions specific to Northern Ireland

Presents a selection of precedent material for use in communications and court proceedings

Salinger on Factoring is renowned for its highly practical approach to the law and practice relating to factoring and invoice finance.It combines a clear understanding of the law with clear and concise guidance on its implementation. Providing you with a detailed examination of and guide to the legal issues that arise from domestic and international factoring, this title will quickly become your most trusted guide to this complex area of law.

A comprehensive guide to the law and practice relating to factoring and invoice finance

Discusses the various forms, uses, and methods by which factoring can help businesses

Looks at the origins and nature of modern factoring

Examines the use and misuse of factoring, the limitations on its use and its benefits

Looks at the relationship between the factor and debtors including normal collection procedures and legal remedies where collection procedures fail

Examines international factoring and discusses the special considerations relevant for international factors

Looks at the legal structure of factoring, the provisions of factoring agreements and the types of agreement commonly used

Considers conflicts with third parties

Examines set-off and the countervailing rights of the debtor

Considers the rights and obligations of the factor on the occurrence of the insolvency of the client

Looks at the use of credit insurance and its potential affect on the terms ofthe factoring agreement and the policy of insurance

Jones on Extradition sets out the law and practice of extradition between the UK and other countries, providing an explanation of the latest issues, procedures and case law.

As well as covering extradition, mutual assistance is also covered with an explanation of how both of these concepts relate to each other and how they apply to specific situations. The author clarifies the general principles including how the law relates to other areas such as human rights and abductions highlighting the issues that need to be considered.

All relevant legislation and treaties are included so that all the relevant material is at hand for readers.

The 4th edition:

Covers the principles of extradition

Inlcudes the relevant rules both to and from European and other countries and the UK

Discusses cases (both reported and unreported) and legislation in context

Provides a thorough grounding in the law and practice in this area

Shows how the law relates to other areas such as human rights, setting out the law in context and raising issues for your consideration

Explains the categorisation of countries for extradition purposes, making clear which arrangements apply for specific countries

Analyses extradition procedures, both to and from the UK, such as arrest, hearing and appeals to ensure that procedures can be followed correctly

Explains where bars to extradition may apply and offers suggestions on how extradition may be challenged

Includes a new section on police powers plus expanded sections on international crimes and immunities and extradition & human rights, ensuring the reader is up-to-date with the latest thinking and practice on these topical issues

Provides relevant legislation, treaties and Codes of Practice so that key materials are to hand in one place, making research easier and quicker

Written by Alun Jones QC so the reader can rely on the commentary for legal acumen, accuracy and authority (he is recognised as an authority in this area and was instructed by the Government of Spain in the Pinochet extradition).

Essential reading for UK criminal and civil solicitors and barristers, the CPS and SFO, UK government bodies, UK courts and the judiciary. The focus on international co-operation ensures it will also have a broad appeal to Commonwealth countries and the USA.

Includes in full (with some annotation of UK materials) all the UK and International legislation and treaties that a lawyer working in this area needs

Covers the Extradition Act 2003; Crime (International Co-op) Act 2003; reforms at EU level; new US/UK and US/EU Treaty; and the highly controversial Eurowarrant thoroughly. Includes a section on police powers; and sections on international crimes & immunities, and extradition & human rights.

Tax penalties have become an increasingly important topic with the introduction in 2007 of a stringent penalty. The legislative project to create this new penalty system is largely complete applying to nearly all taxes. Penalty cases are the most frequent type of case put before the tax tribunal. In addition there are many thousands of penalties which do not proceed to an actual appeal but still need to be dealt with by practitioners.

A practitioner’s guide to the nature, process, effect and interpretation of legislation.

As the pace of legislative change at all levels continues to accelerate, it becomes increasingly difficult for practitioners to know how to follow and apply, and sometimes influence or challenge, the legislation that is relevant to their clients in every area of the law.

A highly practical resource, Craies provides clear and concise answers to the most common questions users of legislation have. It aims to be an essential everyday guide covering primary legislation, subordinate legislation and devolved legislation, as well as EU legislation. Craies is relied upon by practitioners in all fields, and is regularly cited in the higher courts.

This new 11th Edition is entirely up-to-date and provides essential and current commentary in fast-changing times. Written by Daniel Greenberg, Counsel for Domestic Legislation in the House of Commons, it tells the latest episode in a number of long-running stories, including the Human Rights Act, Henry VIII Powers, Pepper v Hart, the slip rule in Inco Europe and many others. Recent cases of importance in the field of legislation (including Public Law Project v Lord Chancellor) as well as important political developments in the fields of devolution and elsewhere (including the Strathclyde Report on the primacy of the House of Commons).

An updated, detailed and authoritative analysis of the law relating to disclosure in civil proceedings.

The rules dealing with disclosure are notoriously tricky. This book provides an authoritative and detailed analysis, examining both substantive law and procedure, discussing the “who, what, how and when” of disclosure obligations and explaining the implications of non-compliance.

The new 5th edition of Disclosure by authors Paul Matthews and Hodge Malek QC provides up to date and accurate guidance on the law, legal principles and disclosure-related procedure. You can have the answers you need at your fingertips.

The new fifth edition brings this leading text up-to-date in relation to:

Norwich Pharmacal and other pre-action disclosure;

The 2013 Jackson CPR reforms;

Electronic disclosure;

Inspection of documents;

Legal professional privilege;

Without prejudice privilege;

Collateral use;

Failure to comply (including the impact of the Denton v White caselaw)

Drafting Trusts and Will Trusts is the all-encompassing text. How? Its comprehensive style aids practitioners in the preparation of a variety of trust deeds. Covering both settlements and will trusts, the precedents are also provided on CD to support drafting.

A highly practical work covering all aspects of drafting settlements and will trusts from first principals and definitions of common terminology to types of trusts and their various uses

Covers the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and matters which may safely be omitted

Includes a large selection of newly updated Precedents which are drafted in a straightforward, modern way

Precedents are accompanied with an explanation of why the text is there and the choices which need to be made

Written in an easy to understand style enabling the less experienced drafter to understand more complex issues

The book serves as a guide to the interpretation of Trust documentation

Second edition of the STEP provisions discussed in-depth and reproduced in Appendices

This new edition of Shareholders’ Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.

Main Features:

Explains the rights of minority shareholders and offers guidance on statutory remedies available to them when their rights have been breached

Sets out the key broad principles governing the rights of an individual shareholder and the balance of power between the majority and the minority

Uses the principles throughout to provide a framework for in-depth explanation of different aspects of law and practice

Examines shareholder agreements

Details the fiduciary duties of directors in relation to shareholders

Considers the balance of power between majority and minority shareholders and examines restrictions placed upon the powers of majority shareholders

Takes into account the principles of partnership law, such as good faith, which have been adopted in company law

Offers a full analysis of share valuation principles

Goes through the practice and procedure involved when seeking remedies

Provides precedents and guidance to assist in drafting, including a Tomlin order and a ‘Wallersteiner’ costs indemnity order

Reflects all the key recent cases, include decisions which examine the implications on the relationship between the unfair prejudice remedy and derivate claims, and underlying principles of the unfair prejudice remedy

The Insurance of Commercial Risks: Law and Practice advises on the overlapping area of insurance law and commercial liability, offering advice on disputes concerning the coverage of insurance policies. The book examines the fundamentals of insurance contracts, looking at the law governing the main liability insurances and the types of risk, exclusions and policy conditions involved in each.

Main features:

Commentary on the practice and application of insurance law when protecting against different commercial risks

Provides concise advice for effectively evaluating the merits of a coverage dispute and explaining how the law applies to commercial insurance.

This book explains the doctrines of misrepresentation, mistake and non-disclosure as they affect the drafting and interpretation of contracts. It then analyses the consequences of each, as well as the remedies available to parties in each case.

Main Features:

The book gives practitioners all the insight they need in order to tackle misrepresentation, mistake and non-disclosure, whether drafting and interpreting contracts, or resolving disputes over contracts made void by these issues.

The book’s three distinct sections deal with each of these issues in turn (Part I – Misrepresentation, Part II – Mistake, Part III – Non-disclosure).

Each focuses on defects in the formation of the contract, and the practical solutions that may be employed.

Details the remedies available in cases of misrepresentation

Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation.

Covers rescission of the contract for misrepresentation, including remedies, elements of the claim, limits to the claim, and the effect of third parties.

Explains liability in tort for misrepresentation - firstly the tort of deceit, secondly the tort of negligence - their relevant defences, damages recoverable and fraud.

New to this Edition

Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.

Commentary on, and provision of, precedents for use by the commercial practitioner advising clients on a range of business transactions. Includes all the most common transactions with related precedents grouped at the end of each chapter. CD-rom also contains all the precedent material.

Main Features

Analyses agreements, basic principles, around the supply of goods and services

Law of Insurance Broking is the only book dedicated exclusively to the law affecting insurance brokers and their relationship with clients, agents, and third parties. This leading resource has been comprehensively updated to reflect the regulatory and legislative changes to the industry. It offers practical legal solutions to the day-to-day problems encountered by brokers, as well as clarifying the key principles and terms of insurance contracts.

Main features:

Dedicated guidance on the law and regulation governing the professional activities of insurance brokers and the industry as a whole

Focuses on the relationship between the client, agent, and third parties and all the relevant legal implications

Provides practical and workable solutions to the most significant issues and legal problems faced by brokers on a daily basis

Covers important topics such as net rating, funding, security vetting, rights to documents, profit commissions, and letters of engagement

Explains the key terms of insurance contracts and provides guidance on formation, classification and interpretation

Sets out the principles of the premium for marine and non-marine insurance

Examines the responsibilities and duties of brokers throughout the claims process

Looks at the scope of the broker’s professional liability to the insured

Coverage of accounting procedures

Explains reinsurance contract formation and the role of the reinsurance broker

Overview of obtaining insurance at Lloyd’s of London

Discusses the issues and procedures surrounding the choice of jurisdiction

Written in accessible language to provide clear answers to day-to-day problems

Highlighted new commentary:

Includes a new chapter on the recent changes affecting industry regulation

New commentary on the broker’s role in preparing and drafting the contractual documentation

Fully updated to take account of the latest and most significant case law and legislative changes

Acknowledges the key developments introduced by the Insurance Act 2015

This is the principal guide to the legal profession as to what their clients/companies can claim for when they are the victims of a breach of contract, written by the author of Exclusion Clauses and Unfair Contract Terms, now in its 11th edition.

Features

Informs readers what their clients/companies can claim for when they are the victims of a breach of contract.

It explains and analyses the rule established in Hadley v Baxendale (1854), one of the most cited cases in the common law, including its refinement by the House of Lords (now the Supreme Court).

Outlines the development of all the relevant principles below through the substantial amounts of case law which govern them.

Analyses the principles of recovery for loss of bargain

Explains when recovery can take place for loss of profits.

Details when expenses incurred on reliance on the contract proceeding can be recovered following breach.

Covers recovery for damage caused.

Explains the duty on a party to mitigate loss in the case of a breach.

Clarifies the relevance of the innocent nature of the breach in question (or otherwise).

Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field.

The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies.

The 9th Edition of Goff & Jones: The Law of Unjust Enrichment deals with the following six key matters in relation to making a claim:

• Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract
• Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit
• Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense
• Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc
• Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality
• Explicates in detail personal and proprietary remedies for unjust enrichment

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